Supreme Court declares criminal law against unnatural carnal knowledge constitutional

In a majority ruling, the Supreme Court upheld the constitutionality of the current penal code's prohibition on having unnatural, sexual knowledge of another person who is at least sixteen years old.

The Criminal and Offenses Act 1960 (Act29) section 104(1)(b), which the applicant, Dr. Obiri-Korang of the University of Ghana School of Law, was arguing was unconstitutional, was decided by the court.

According to the applicant, the aforementioned clause violates Articles 18(2), 17(2), and 14(1) of the Constitution.

The Plaintiff claimed that section 104(1)(b) of Act 29 violated people's rights to privacy, nondiscrimination, and personal freedoms. This claim was based on these violations.

To be clear, the Plaintiff contested the Supreme Court's ruling that section 104(1)(b) of Act 29 violates Articles 18(2), 17(2), and 14(1) of the Republic of Ghana's 1992 Constitution.

The plaintiff, Dr. Obiri-Korang, argued that Section 104 (1) (b) of Act 29 was unconstitutional. It reads as follows:

"104. Abnormal sexual awareness

(1) An individual with abnormal sexual knowledge

(b) of another individual who is at least sixteen years old and commits a misdemeanor with that individual's consent."